Consumer Law Clinic Helping Servicemembers

The Consumer Law Clinic accepted two new cases last week where we will be helping an active duty and a retired servicemember.  One new client was sold a car that had been completely wrecked.  The client did not know this and took out a loan and paid a substantial sum of money for a car that now has a negative value.  When he attempted to trade in the car, he learned that the car had been in a wreck and declared a total loss.  The Clinic is now investigating who rebuilt the car and attempted to pass it off as a usable car. We will also sue the dealer who sold him the car and attempt to get his money back so that he can satisfy the loan. 

The other new case is for a client who was sued for a debt while he was deployed.  There is a federal law governing the rights of deployed servicemembers, and this law says that a creditor cannot get a judgment against a servicemember while he is deployed.  The debt collector in this action filed an affidavit with the court tesitfying that the client was not in the military and was not currently deployed when in fact he was.  The client did not find out about the debt collector’s judgment until it started garnishing his wages a few months ago to collect on the judgment. We will be asking the court to set aside the judgment and allow us to litigate the merits of the case and perhaps file a counterclaim against the debt collector for filing a false affidavit.